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2021 Supreme(Raj) 1081

PRAKASH GUPTA
Rajesh Nigam – Appellant
Versus
Ramesh Chand Jain – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Syed Saadat Ali, Advocate

JUDGMENT :

Prakash Gupta, J.

1. This writ petition has been filed by the petitioner-plaintiff (for short, 'the plaintiff') against the order dated 30.10.2019 passed by the Addl. District Judge No. 4, Ajmer (for short, 'the appellate court') in Civil Misc. Appeal No. 21/2018, whereby the appeal filed by the respondent-defendant no. 1 has been allowed; the order dated 20.3.2018 passed by the Civil Judge Ajmer City (East), Ajmer (for short, 'the trial court') has been set-aside and the application under Order 39 Rule 1 and 2 read with Section 151 CPC has been dismissed.

2. Facts of the case are that the plaintiff filed a suit for permanent injunction. Alongwith the suit, an application under Order 39 Rule 1 and 2 read with Section 151 CPC for temporary injunction was filed. The Trial Court vide its order dated 20.3.2018 allowed the said application and granted temporary injunction in favour of the plaintiff. Being aggrieved, the respondent-defendant no. 1 filed an appeal before the Appellate Court. The said Court vide its judgment dated 30.10.2019 set aside the order dated 20.3.2018 passed by the trial court and dismissed the application under Order 39 Rule 1 and 2 read with Section 151

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